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Ohio Law for Unpaid Tips and Tip Pooling

The law in Ohio allows tipped employees to be paid below the typical minimum wage on the assumption that they will make at or above minimum wage when tips are accounted for. However, if an employer fails to pay tips or engages in illegal tip pooling, this can significantly affect a person’s wages. At Scott & Winters Law Firm, LLC, we are here to help if you need a Cleveland unpaid tip or tip-pooling violation attorney by your side. Let us investigate your allegations and work diligently to recover any unpaid wages you are entitled to.

Turn to Scott & Winters for Unpaid Tip Claims and Tip Pooling Violations

  • At Scott & Winters Law Firm, LLC, we stay abreast of all changes in Ohio and federal law regarding tips and tip pooling.
  • Our team has extensive resources available to fully investigate the actions of any employer working to deceive their workers.
  • We have recovered millions of dollars in compensation on behalf of employees in Ohio and throughout the U.S.

Understanding Unpaid Tips and Tip Pooling Violations in Cleveland

Many people know that tipped employees can be paid one-half of minimum wage in tipped occupations, which is $4.65 per hour in Ohio, plus tips in 2022. But not everyone is aware of the conditions employers must meet in order to avoid paying the full minimum wage ($9.30 per hour in Ohio in 2022).

  1. First, employers must track whether or not their employee’s tips plus their hourly pay equal the full minimum wage each and every hour. If they don’t do that, their waitstaff may be making less than minimum wage, and they are violating the law.
  2. Second, with few exceptions, the tips that a tipped employee earns must go to the employee him or herself. Owners or non-tipped managers sharing tips is strictly forbidden and can result in employers losing the tip credit and having to pay back tips. An exception is a deduction for processing tips paid through credit cards. However, this amount deducted generally has to be limited to the actual credit card processing cost of the employer.
  3. Third, to be lawful, a tip pool must meet certain criteria. If a restaurant violates the law, this can be an expensive mistake. In Ohio, minimum wage violations are subject to triple damages under the Ohio constitution. Employers have to pay full minimum wage and tips. This is also one of the most common violations we see in our practice.

How We Address These Specific Claims

Some unscrupulous restaurants have employees who work for tips alone without any hourly pay. If your employer is taking a tipped credit and paying you less than minimum wage, or if you have any questions about your pay, call the experienced wage and hour trial lawyers at Scott & Winters Law Firm for a free consultation.

Our goal is to fully investigate your allegations. This will include analyzing your pay stubs, employment agreement, and the practices of your employer when it comes to paying employees. We will examine their current and past practices concerning employee payments to uncover any discrepancies and/or patterns of deceptive pay behavior.

Call a Cleveland Unpaid Tip and Tip Pooling Violations Lawyer Today

If you believe that your employer has not paid your tips fairly, or if your employer has engaged in illegal tip pooling, we need to reach out to an attorney immediately. At Scott & Winters Law Firm, we have extensive experience handling complex wage violation claims, and we have the resources necessary to fully investigate your employer. The goal of our Cleveland unpaid tips attorneys is to ensure that you receive any wages you are entitled to, including back pay and interest on that pay. You can contact us for a free consultation and we are always available when you call (216) 912-2221.